Idaho Employment Law Solutions (IELS) is an African American- and veteran-owned law firm in Idaho that serves both individuals and businesses in matters ranging from business formation to defamation of a business, or individuals.
In Idaho, two types of defamation are recognized, general defamation and defamation per se. To bring a successful claim of defamation per se, the plaintiff must show that the alleged defamatory statement involves: “(1) a criminal offense; (2) a loathsome disease; (3) a matter incompatible with business, trade, profession, or office; (4) serious sexual misconduct or (5) an act of moral turpitude conveying the idea of major social disgrace. Siercke v. Siercke, 167 Idaho 709, 719, 476 P.3d 376, 386 (2020).
Where the basis of the defamation allegation(s) are intra-family conversations or arguments, it is unlikely that the offending words spoken or written would as a matter of law be defamatory. However, if an alleged defamatory statement is made to a third party outside the family, the possibility of litigation exist as happened in the Idaho case of Qualman v. Jodi Thorne 1:24-cv-00033-CWD.
The plaintiff and defendant in Qualman v. Jodi Thorne are siblings. The plaintiff, Treq Qualman, alleged that the defendant made false and defamatory statements to a third party via text message that the plaintiff had abused his elderly mother and taken financial advantage of her. IELS represented the plaintiff and assisted in bringing about a confidential settlement agreement, which authorized the following press release:
“In the matter of Treg Qualman v. Jodi Thorne 1:24-cv-00033-CWD, the parties have agreed that Plaintiff did not commit the crime of elder abuse with respect to his mother. That Plaintiff did not take advantage of his mother’s wealth, but spent a significant amount of his own wealth to assist her in a move to Texas and in situating herself into a new home there. A confidential settlement agreement has been reached and the case was dismissed with prejudice on December 18, 2024.”